1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On July 5, 1995, the Plaintiff, with the Defendant’s permission for petroleum retail business (gas station) from the Defendant, runs a petroleum retail business under the trade name called “C gas station” in Daegu-gun, Daegu-gun (hereinafter “instant gas station”).

B. On October 18, 2016, the Daegu Gyeongbuk Headquarters found, among the two oil storage tanks installed in D vehicles (hereinafter “instant vehicles”), that, as a result of the quality inspection of petroleum products on the mobile-sale vehicles of the instant gas station, approximately 10% of the oil storage tank for automobiles used in front of the oil storage tank was discovered.

C. On December 7, 2016, the Defendant issued a disposition of business suspension for six months pursuant to Article 13(3) of the Petroleum Business Act and Article 16 of the Enforcement Rule of the Petroleum Business Act (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 29 of the Petroleum and Petroleum Substitute Fuel Business Act by keeping and selling fake petroleum products (i.e., oil, etc.) mixed with approximately 10% of other petroleum products (hereinafter “instant violation”).

[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, Eul's 4, the purport of the whole pleadings and arguments

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1 does not exist. ① There are two oil storage tanks on the instant vehicle, while the pumps, pipes, and oil refineries are installed only on the two oil storage tanks, and even if there are different kinds of oil in the two oil storage tanks, one oil gas station must be used for oil oil oil oil.

On October 4, 2016, in order to request delivery of oil and light oil from E to his residence, the transit was carried in the forepart oil storage tank, the light oil was loaded in the rear oil storage tank, and the light oil remains in the next oil storage tank with a limited liability of liquor, and the light oil was stored in the oil storage tank with a limited liability of liquor, and the light oil was stored in the light oil.

As above, E.